I think BB-Forrest's point is that "everything is based on real-world (e.g. NBA) stats" is not true. Fantasy sports have a point system, and you can have different point systems. What is the legal seperation between a point system and a Game Engine? Both of them take in stats as inputs and produce winners as outputs? You don't control the players, or directly "play" a basketball game.
I suspect that the right legal decision will indeed result in all fantasy sports will need to have licenses, or that all video games don't need licenses. I think right now the sports franchises just want to have their cake and eat it.. they want to charge licenses cause they think they can make money that way, but they want fantasy sports cause they realize it builds brand loyalty etc and they realize fantasy sports would probably die if there were licensing fees and it would be very hard to regulate because statistics are so widely spread. All they feasibly could do is push fantasy sports into the same places pirated music have retreated to. You cannot freely disseminate information and then except people to just consume it and not reuse it to make other things. I think Colbert's interview last week with the copyright author made this point fantastically.
http://ccinsider.comedycentral.com/cc_insider/2009/01/col...